|
Welsh Statutory Instrument 2001 No. 1232 (W.66)
The Food Irradiation Provisions (Wales) Regulations
2001
© Crown Copyright 2001
The legislation contained on this web site is subject to Crown Copyright
protection. It may be reproduced free of charge provided that it is reproduced
accurately and that the source and copyright status of the material is
made evident to users.
It should be noted that the right to reproduce the text of Statutory
Instruments does not extend to the Royal Badge of Wales and the Queen's
Printer imprints.
The text of this Internet version of the Statutory Instrument has been
prepared to reflect the text as it was Made. The authoritative version
is the Queen's Printer copy published by The Stationery Office Limited
as the The Food Irradiation Provisions (Wales) Regulations 2001,
ISBN 0-11-090246-7. Purchase this item. For details of how to obtain an
official copy see How to obtain The Stationery Office Limited titles.
To ensure fast access over slow connections, large documents have been
segmented into "chunks". Where you see a "continue" button at the bottom
of the page of text, this indicates that there is another chunk of text
available.
STATUTORY INSTRUMENTS
2001 No. 1232 (W.66)
FOOD, WALES
The Food Irradiation Provisions (Wales) Regulations 2001
|
Made |
22nd March 2001 |
|
|
Coming into force |
1st May 2001 |
|
The National Assembly for Wales in exercise of the powers conferred
on it by sections 16(1) and (3), 17(1), 18(1), 19(1)(b), 26, 45 and 48(1)
of and paragraphs 1 and 4(b) of Schedule 1 to the Food Safety Act 1990
[1], having had regard in accordance with section 48A
of that Act to relevant advice given by the Food Standards Agency and after
consultation in accordance with section 48(4) and (4B) of that Act makes
the following Regulations:
Title, application and commencement
1. These Regulations may be cited as the Food Irradiation
Provisions (Wales) Regulations 2001; they apply to Wales only and shall
come into force on 1 May 2001
Amendments to the Food (Control of Irradiation) Regulations 1990
2. The Food (Control of Irradiation) Regulations
1990 [2] shall be amended insofar as they apply to Wales
in accordance with regulations 3 to 16 below.
3. In paragraph (1) of regulation 2 (interpretation)
-
(a) there shall be inserted immediately after the definition of
"the Agency" the following definitions -
"Directive 1999/2" means the European Parliament and Commission
Directive 1999/2/EC on the approximation of the laws of the Member States
concerning foods and food ingredients treated with ionising radiation [3];
"Directive 1999/3" means the European Parliament and Commission
Directive 1999/3/EC on the establishment of a Community list of foods and
food ingredients treated with ionising radiation [4];
and
(b) in the definition of "ionising radiation", for the words "0.5
Gy" in sub-paragraph (a)(iii) there shall be substituted the words "0.01
Gy in the case of inspection devices which utilise neutrons and 0.5 Gy
otherwise" and for the words "and 5 MeV otherwise" there shall be substituted
the words ", 14 MeV in the case of neutrons and 5 MeV otherwise".
4. In paragraph (1) of regulation 4 (restriction on
importation) for the words "Great Britain" there shall be substituted the
word "Wales".
5. In regulation 6 (restriction on sale), for the
words "Great Britain" there shall be substituted the word "Wales".
6. After regulation 6 there shall be inserted the
following regulation -
7. In regulation 7 (activities taking place in Northern
Ireland) -
(a) for the heading there shall be substituted "Activities taking
place in Northern Ireland, Scotland and England"; and
(b) after the words "Northern Ireland" there shall in each case be
inserted the words ",Scotland or England".
8. For the text of regulation 8 (defence in relation
to exports) there shall be substituted -
" In any proceedings for an offence under these Regulations it shall
be a defence for the person charged to prove that the food, in respect
of which the offence is alleged to have been committed, was intended for
export to a country which is not a member of the European Community, that
that country had legislation analogous to these Regulations and that the
food complies with such legislation.".
9. In Schedule 1 (irradiation licences), in Part I (grant
of irradiation licences), in paragraph 1 -
10. In Schedule 1, in Part I, in paragraph 3(1) -
(a) immediately before sub-paragraph (b) there shall be inserted
the following sub-paragraph -
" (aa) that the irradiation will be performed in conformity with
the Code of Practice,";
(b) in sub-paragraph (g), after "paragraph 1(f)(iv) above" there shall
be inserted "are in conformity with Annex III to Directive 1999/2 and";
(c) in sub-paragraph (h) the word "and" at the end shall be omitted;
(d) after sub-paragraph (i) there shall be added the following -
" and
(j) that the irradiation will be of benefit to the consumer,"; and
(e) in the full-out words, for "paragraphs (a) to (i) above" there shall
be substituted "sub-paragraphs (a) to (j) above".
11. In Schedule 1, in Part II (terms and conditions
of irradiation licences) -
(a) in paragraph 9(1) there shall be inserted at the beginning the
words "The licence shall prohibit the licensee from subjecting any food
to treatment by ionising radiation in combination with any chemical treatment
having the same purpose as that treatment." ;
(b) the contents of paragraph 15 shall be numbered "(1)" and there
shall be added the following sub-paragraph -
" (2) The licence shall require the licensee
to preserve the records referred to in sub-paragraph (1) for a period of
5 years after making.";
(c) for paragraph 16(1) there shall be substituted the following
-
" (1) The licence shall require the licensee
to send to the licensing authority within twenty eight days after each
anniversary of the date from which the licence runs a written return in
respect of the year ending with that anniversary."; and
(d) for paragraph 18 (duration) there shall be substituted the following
-
" Duration
18. The licence shall, subject to Part III below,
continue in effect unless withdrawn or suspended in accordance with the
provisions of Part IV below or surrendered by the licensee to the licensing
authority; and existing licenses shall be construed accordingly.".
12. In Schedule 1, in Part III (variation of irradiation
licence), for paragraph 1(1) there shall be substituted the following -
13. In Schedule 1, in Part IV (withdrawal, suspension
and extension of irradiation licence) -
14. In Schedule 1, in Part VI (charges) -
(a) for paragraph 2 there shall be substituted the following -
" 2. For the purposes of this Schedule
-
(a) the amount of the application consideration charge is £5,000
plus -
(i) if more than one description of food is specified by virtue
of paragraph 1(e) of Part I above, a sum (fixed at the discretion of the
licensing authority) no greater than £1,500 × A where A is
one less than the number of descriptions of food so specified; and
(ii) if the application (however many descriptions of food the application
relates to) falls within paragraph 3(3) of Part I above, a sum (fixed at
the discretion of the licensing authority) no greater than the sum which
would otherwise have been payable in respect of the original application;
(b) the amount of the inspection charge is £750 for each inspection
carried out in respect of which an inspection charge is payable; and
(c) the amount of the variation agreement charge is -
(b) in sub-paragraph (b) of paragraph 3 -
(i) for the words "other than a pure continuation licence, £1,800"
in paragraph (i) there shall be substituted ", £1,500", and
(ii) for "£2,700" in paragraph (ii) there shall be substituted
"£2,250".
15. For Schedule 2 (importation of food) there shall
be substituted the following -
" SCHEDULE 2
Regulation 4
IMPORTATION OF FOOD
PART I:
IMPORTATION FROM OTHER MEMBER STATES
1. This Part applies to the importation of food irradiated
in other Member States.
2. For the purposes of regulation 4 -
(a) "recognised appropriate origin" means origin in a plant, authorised
by the Competent Authority of that State, which is listed in the Official
Journal of the European Communities pursuant to article 7.4 of Directive
1999/2; and
(b) "appropriate documentation" means documentation containing the
information referred to in regulation 6A(1)(b).
PART II:
IMPORTATION FROM THIRD COUNTRIES
1. This Part applies to the importation of food irradiated
in a country (or territory) outside the European Community.
2. In the case of herbs and spices, for the purposes
of regulation 4 -
(a) "recognised appropriate origin" means origin in a plant approved
pursuant to Article 9 of Directive 1999/2, and listed in the Official Journal
of the European Communities pursuant to that Article; and
(b) "the appropriate documentation" means the documents referred
to in the second indent of paragraph 1 of the said Article 9.
3. In the case of food other than herbs and spices -
(1) Recognition of appropriate origin shall be
effected by publication by the Agency of a notice in the London Gazette
declaring that an origin is an appropriate origin for the purposes of these
Regulations.
(2) "Origin" means, in relation to a country or
territory specified in the notice, origin in that country or territory.
(3) Recognition of appropriate origin may not
be effected by the Agency in respect of any country or teritory unless
it is satisfied -
(a) that in that country food which is subjected to treatment by
ionising radiation may only be so subjected if the person who subjects
it has a current irradiation licence granted, under a reference by which
that licence can be identified, by a competent authority in that country
or territory,
(b) that any irradiation licence granted in that country or territory
includes provision for an approved method of measurement relating to food
to which the licence relates, and
(c) that the operation of the legislation in force in that country
or territory relating to the subjection there of food to treatment by ionising
radiation protects human health to an extent not less than human health
is protected by operation of these Regulations.
(4) If the Agency ceases to be satisfied of the matters
specified in sub-paragraphs (a), (b) and (c) of sub-paragraph (2) above
in respect of an origin in a country or territory it may publish in the
London Gazette notice that, as from a date specified in the notice, that
origin shall not longer be an appropriate origin for the purposes of these
Regulations and, if such a notice is published, the recognition of appropriate
origin shall cease to have effect on that date.
Appropriate documentation
(5) Appropriate documentation for food other than
herbs and spices for the purposes of these Regulations is a statement to
the effect that the food has been subjected to treatment by ionising radiation
together with -
(a) a copy of all the particulars a copy of which, by virtue of
sub-paragraphs (a) to (d) of paragraph 15(1) of Part II of Schedule 1 above,
would be required to accompany any food had it been consigned by the holder
of an irradiation licence to any other person after subjection by him to
treatment by ionising radiation, and
(b) confirmation from the holder of the irradiation licence in the
country in which the food was subjected to treatment by ionising radiation
that the irradiation licence was in effect in relation to the food at the
time at which that treatment took place."
16. In Schedule 3 (requirements for storage and transportation)
-
(a) in paragraphs 2 and 4, for "Great Britain" there shall be substituted
in each case "Wales"; and
(b) in paragraph 4, after "Northern Ireland" there shall be inserted,
" Scotland and England".
Amendments to the Food Labelling Regulations 1996
17. The Food Labelling Regulations 1996 shall be
amended insofar as they apply to Wales in accordance with regulations 18
to 24 below.
18. In paragraph (1) of regulation 2 (interpretation)
-
(a) after the definition of "Directive 94/54" there shall be inserted
the following definition -
" "Directive 99/2" means European Parliament and Council Directive
1999/2/EC on the approximation of the laws of the Member States concerning
foods and food ingredients treated with ionising radiation;"; and
(b) in the definition of "ionising radiation", for the words "0.5
Gy" in sub-paragraph (c) there shall be substituted the words "0.01 Gy
in the case of inspection devices which utilise neutrons and 0.5 Gy otherwise",
and for the words "and 5 MeV otherwise" there shall be substituted the
words ", 14 MeV in the case of neutrons and 5 MeV otherwise".
19. In paragraph (1)(iv) of regulation 3 (exemptions),
for the words "and Directive 94/54" there shall be substituted the words
",Directive 94/54 and Directive 99/2".
20. For paragraph (4)(b) of regulation 15 (compound
ingredients) there shall be substituted -
21. The following paragraph shall be inserted between
paragraphs (4) and (5) of regulation 26 (small packages and certain indelibly
marked bottles) -
" (4A) Any food which -
(a) by virtue of paragraph (1) or (3) of this regulation alone is
exempted from the requirement to be marked or labelled with a list of ingredients;
(b) contains any ingredient which has been irradiated; and
(c) is not prepared for patients requiring sterile diets under medical
supervision,
shall be marked or labelled with an indication that it contains that
ingredient, and in such a case the reference within that indication to
that ingredient shall include or be accompanied by the word "irradiated"
or the words "treated with ionising radiation".".
22. In regulation 35 (general requirement as to the
manner of marking or labelling of food other than food to which regulation
23, 27 or 31 applies) -
(a) the existing text shall be numbered "(1)";
(b) in the full-out words to paragraph (1), after the word "may"
there shall be inserted the words "(except as provided in paragraph (2)
of this regulation)"; and
(c) there shall be inserted after paragraph (1) the following paragraph
-
" (2) In the case of food to which paragraph
(1) of this regulation applies which has been irradiated, other than food
which is prepared for patients requiring sterile diets under medical supervision,
the alternative provided in the full-out words to that paragraph shall
not apply as regards the particulars specified in regulations 14(2) and
26(4A) and paragraph 2 of Schedule 2, and the word "irradiated" or the
words "treated with ionising radiation" shall in all cases appear on the
commercial documents relating to such food."
23. In regulation 36 (manner of marking or labelling
of food to which regulation 23 or 27 applies) -
(a) immediately after paragraph (1) there shall be inserted the
following paragraph -
" (1A) Paragraphs (2) to (4) of this regulation
shall apply only to food which is prepared for patients requiring sterile
diets under medical supervision.";
24. In sub-paragraph (b) of regulation 47 (defence
in relation to exports), for the words "and Directive 94/54" there shall
be inserted the words ",Directive 94/54 and Directive 99/2".
Signed on behalf of the National Assembly for Wales under section
66(1) of the Government of Wales Act 1998 [8]
D.Elis Thomas
The Presiding Officer of the National Assembly
22nd March 2001
EXPLANATORY NOTE
(This note does not form part of the Regulations)
1. These Regulations give effect in Wales to the
provisions of -
(a) Directive 1999/2/EC of the European Parliament and of the Council
on the approximation of the laws of the Member States concerning foods
and food ingredients treated with ionising radiation (OJ No. L66, 13.3.99,
p.16); and
(b) Directive 1999/3/EC of the European Parliament and of the Council
on the establishment of a Community list of foods and food ingredients
treated with ionising radiation (OJ No. L66, 13.3.99, p.24).
2. These Regulations give effect to the above provisions
by amending the following Regulations in so far as they apply to Wales
-
(a) the Food (Control of Irradiation) Regulations 1990 (SI 1990/2490),
as amended; and
(b) the Food Labelling Regulations 1996 (SI 1996/1499), as amended.
3. The Food (Control of Irradiation) Regulations 1990
and the Food Labelling Regulations 1996 extend to the whole of Great Britain.
4. The substantive amendments to the Food (Control
of Irradiation) Regulations 1990 are as follows -
(a) definitions of Directives 1999/2/EC and 1999/3/EC are inserted
into regulation 2(1) (regulation 3(a));
(b) the definition of "ionising radiation" in regulation 2(1) is
amended (regulation 3(b));
(c) a new regulation, 6A, requiring the labelling of non-consumer
foods which are subjected to ionising radiation, is inserted (regulation
6);
(d) the text of regulation 8 (defence in relation to exports) is
revised (regulation 8). The defence now only operates in relation to food
intended for export to a country which is not a member of the European
Community;
(e) the particulars specified in paragraph 1 of Part I of Schedule
1 (particulars to be sent to the licensing authority by a person applying
for an irradiation licence) are amended (regulation 9);
(f) the matters set out in paragraph 3 of Part I of Schedule 1 (matters
the licensing authority has to take into account in deciding whether to
grant or refuse to grant an irradiation licence) are revised (regulation
10);
(g) the terms and conditions set out in Part II of Schedule 1 (terms
and conditions to be included in irradiation licences) are varied (regulation
11);
(h) the licensing authority and the licensee are given the power
to agree a variation of the term of an irradiation licence inserted by
virtue of paragraph 4 of Part II of Schedule 1 (regulation 12);
(i) the power to extend an irradiation licence currently found in
Part IV of Schedule 1 is revoked (regulation 13);
(j) a revised paragraph 2 of Part VI of Schedule 1 (which specifies
the amount of each charge referred to in that Schedule) is substituted
for the existing paragraph 2 of that Part, which also specifies the amount
of each charge referred to in Schedule 1 (regulation 14(a));
(k) paragraph 3(b) of Part VI of Schedule 1 is amended to vary the
maximum sums which fall to be paid in any one year in respect of the inspections
referred to in regulation 9(3) (regulation 14(b)); and
(l) a revised Schedule 2 (relating to the import of food) is substituted
for the existing Schedule so numbered (which also deals with the import
of food) (regulation 15).
5. These Regulations also make some consequential amendments
to the Food (Control of Irradiation) Regulations 1990.
6. The amendments to the Food Labelling Regulations
are -
(a) a definition of Directive 1999/2/EC is inserted into regulation
2(1) (regulation 18(a));
(b) the definition of "ionising radiation" in regulation 2(1) is
amended (regulation 18(b));
(c) the exemption in regulation 3(1) for food brought into Great
Britain in certain circumstances from another Member State or an European
Economic Area state is adjusted so as to require such food to comply (where
applicable) with Directive 1999/2/EC (regulation 19);
(d) a revised sub-paragraph (b) of regulation 15(4) (providing an
exception to the requirement that the names of the ingredients of a compound
ingredient used in the preparation of a food have to be given in the list
of ingredients of the food) is substituted for the existing sub-paragraph
(b) of regulation 15(4) (regulation 20);
(e) regulation 26 (small packages and certain indelibly marked bottles)
is amended to require certain food which, although exempted from the requirement
to be marked or labelled with a list of ingredients, nevertheless contains
an ingredient which has been irradiated, to be marked and labelled accordingly
(regulation 21);
(f) regulation 35 (which imposes a general requirement as to the
manner of marking or labelling of certain food) is so amended that the
alternative to that requirement contained at the end of that regulation
is modified in the case of a specified category of that food which has
been irradiated (regulation 22);
(g) regulation 36 (which imposes a requirement as to the manner of
marking or labelling of certain other food) is so amended that -
(i) the application of paragraphs (2) to (4) of that regulation
(which permit the use of alternative labelling in the case of certain food
which has been or contains an ingredient which has been irradiated) is
restricted to food which is prepared for patients requiring sterile diets
under medical supervision, and
(ii) in the case of the sale of food to which regulation 23 or 27
of SI 1996/1499 applies which has been irradiated (other than food which
is prepared for patients requiring sterile diets under medical supervision),
the commercial documents relating to the food must in all cases indicate
that it has been irradiated (regulation 23); and
(h) the defence in relation to exports (regulation 47) is updated to
include a reference to Directive 1999/2/EC (regulation 24).
7. A regulatory appraisal for these Regulations has
been prepared pursuant to section 65 of the Government of Wales Act 1998
and placed in the library of the National Assembly for Wales. Copies may
be obtained from the Food Standards Agency, 1st Floor, Southgate House,
Cardiff, CF10 1EN.
Notes:
[1] 1990 c.16back
[2] SI 1990/2490, amended by SI 2000/656.back
[3] OJ No. L66, 13.3.1999, p.16back
[4] OJ No. L66, 13.3.1999, p.24back
[5] SI 1996/1499; relevant amending instruments
are SI 1998/1398, SI 1999/747, SI 1999/1483 and SI 2000/768.back
[6] A copy of the said Code of Practice may be
obtained from the Codex Alimentarius Commission, Food and Agriculture Organisation
of the United Nations, Vialle della Terme di Caracalla, 0010, Rome, or
may be viewed at or downloaded from the website www.foa.org/WAICENT/FAOINFO/ECONOMICE/ESN/Codex/
STANDARD/standard.htm.back
[7] Paragraph 4 requires the irradiation licence
to specify each description of food to which it applies.back
[8] 1998 c.38back
Cymraeg (Welsh)
ISBN 0-11-090246-7
|
|